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HomeMy WebLinkAbout93-07 Permits for Solid Waste HaulersORDINANCE NO. 93-7 AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (b) AND PARAGRAPH (6) OF SUBSECTION (e) OF SECTION 8-77 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO PERMITS FOR SOLID WASTE HAULERS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection (b) of Section 8-77 of the Costa' Mesa Municipal Code is hereby amended to read as follows: " (b) The City shall develop and implement a procedure for evaluating the performance of any and all permittees operating under the provisions of this Article. Permitted haulers shall submit quarterly reports to the Director of Public Services from a State or County certified weighing facility documenting gross tonnage collected and net tonnage diverted -except that tonnage for bins exclusively used for industrial construction or demolition may be certified and documented to the City by the permittee based on volume or other types of receipts from the receiving facility. The City reserves the right to randomlyselect trucks to have weighed by a State certified facility to ensure compliance. All costs for random weight measurements will be borne by the permittee. Such a facility may have the ability to process recyclable materials in preparation for end-user markets. Failure to provide said reports within thirty .(30) days will result in suspension of the permit until tonnage reporting is submitted.to the Director of Public Services. If said reports are not submitted within forty-five. (45) days of the end of each quarter, the hauler's permit in effect at the time of the violation will be revoked as provided in Section 8-79. Failure to meet minimum diversion rates will result in .the revocation of the permit as provided in Section 8779. Section 2. Paragraph (6) of Subsection (e) of Section 8-77 of the Costa Mesa Municipal Code is hereby amended to read as follows: (6) Any other information or additional financial 'information from 'the permittee, including, but not limited to 'the right to audit financial records, or 'require a performance bond, or other suitable evidence of financial responsibility, if at any time such information Is found to be necessary 'by- the City Council. The permittee will provide a certified copy of the permittee's last fiscal year's financial report, audited by a Certified Public Accountant. All financial information contained in the permit application made,to the City pursuant to this'Article shall be deemed to be confidential and shall be retained by the City for its use and, under. no circumstances, will such information be -released to anyone.,other than the permittee without the consent of the permittee. E Section 3. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA DAILY MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this /6tA day of 1993. c M or of the City of Costa Mesa ATTEST: APPROVED AS TO FORM: QQ �t City Clerk of the City Costa Mesa City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF.COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 93-7 was introduced and considered section by section at a regular meeting of said City Council held on the 1At day of 1993, and thereafter passed and adopted as a whole t a re lar meeting of said City Council held on the 14t4 day of 1993, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: �&I ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereunto set my haDO fnd affixed the Seal of the City of Costa Mesa this day of 1993. City Clerk and ex -officio C1 rk of the City Council of the City f Costa Mesa 0